The Pensions (Miscellaneous Offices) (Requisite Benefits) Order 1978

GENERAL

General effect of order

3.—(1) This Order shall apply in relation to any such office holder as is mentioned in Article 4 so as to modify, or further modify, any relevant enactment in respect of him and, accordingly, the scheme which is applicable in relation to him shall make provision for his benefit or otherwise in relation to him which accords with the following provisions of this Order.

(2) Articles 8 and 9 of this Order (which relate to guaranteed minimum pensions) shall apply in relation to any such office holder as is mentioned in Article 4 notwithstanding any other provision in any enactment, including the other provisions of this Order.

Office holders to whom order applies

4.  This Order shall have effect in relation to any office holder who is under pensionable age and who is holding a scheduled office on 21st April 1978 or who is appointed to such an office when under that age on or after that date.

Ceasing to hold office and relevant service

5.—(1) An office holder does not cease to hold office for the purposes of this Order so long as he continues to hold any scheduled office or an office, service in which may, under any enactment, be reckoned on any basis together with service of his in a scheduled office.

(2) An office holder does not cease to hold office for the purposes of this Order if, after ceasing to hold a scheduled office but before reaching pensionable age, he starts to hold another office, service in which may, under any relevant enactment, be reckoned on any basis together with service in the earlier office for the purpose of superannuation benefits.

(3) Subject to paragraph (4), an office holder's service in a scheduled office is relevant service for the purposes of this Order and his relevant service may include any earlier service of his which may, under any enactment, be reckoned on any basis together with service of his in a scheduled office.

(4) Service is not relevant service for the purposes of this Order if it is service before 21st April 1978.

(5) For the purposes of paragraphs (1), (2) and (3) it is immaterial:—

(a) whether the office holder has served at any time in any other office (including an office in relation to which he ceases to hold office for the purposes of this Order);

(b) whether the earlier and the later offices are the same;

(c) whether any election in respect of the office holder is available, or, if available, has been made; or

(d) whether, the superannuation benefits payable under the relevant enactment relating to one office would, in the circumstances of the case, be unaffected by adding the other service into the reckoning.